Does the Spray Net Confidentiality and Restrictive Covenant Agreement mention instructional materials?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
Exhibit E: Confidentiality and Restrictive Covenant Agreement (for use by Franchisee for Management Personnel of the Franchised Business and Officers/Directors of the Franchisee)
During the initial and any renewal terms of the Franchise Agreement and this Guaranty, you will receive information, which Franchisor considers to be Confidential Information, trade secrets and/or confidential information, including without limitation: (i) site-selection criteria; (ii) methods, techniques and trade secrets for use in connection with the proprietary business operating system that Franchisor and its affiliates have developed (the "System")forthe establishment and operation of a SPRAY-NET business(each, an "Franchised Business") and/or franchise (each, a "Franchised Business"); (iii) marketing research and promotional, marketing and advertising programs for the Franchised Business; (iv) knowledge of specification for and suppliers of, certain products, fixtures, furnishings, equipment and inventory used at the Franchised Business (v) knowledge of the operating results and financial performance of other Franchised Businesses; (vi) customer communication and retention programs, along with data used or generated in connection with those programs; (vii) Franchisor's proprietary Manuals and other instructional manuals, as well as any training materials and information Franchisor has developed for use in connection with the System
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the Confidentiality and Restrictive Covenant Agreement itself is listed as Exhibit E. While the document itself is not quoted, the FDD does mention instructional manuals in the context of confidential information. Specifically, the franchisee will receive information that Spray Net considers confidential, including "Franchisor's proprietary Manuals and other instructional manuals, as well as any training materials and information Franchisor has developed for use in connection with the System".
This means that as a Spray Net franchisee, you will be exposed to confidential information, including instructional materials, that you are obligated to protect. This obligation extends to your management personnel and officers/directors, as they are also subject to the Confidentiality and Restrictive Covenant Agreement. The FDD specifies that this information is considered confidential and proprietary, highlighting its importance to the Spray Net system.
The confidentiality extends not only to the manuals themselves but also to any training materials and information developed by Spray Net for use within its system. This suggests that Spray Net places a high value on its training programs and considers them integral to the successful operation of a franchise. Franchisees should be aware of the scope of this confidentiality and ensure that all personnel who have access to these materials understand their obligations.
Prospective franchisees should carefully review Exhibit E, the Confidentiality and Restrictive Covenant Agreement, to fully understand the specific terms and conditions related to the use and protection of Spray Net's confidential information, including instructional materials. Understanding these obligations is crucial to maintaining a good relationship with Spray Net and avoiding potential legal issues.